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If a person works for a company as an agency worker and is then given a fixed-term contract with the company, is the period of service as an agency worker taken into account in determining entitlement to CID?

Zelda Cunningham

Arthur Cox

The Protection of Employment (Fixed Term Work) Act 2003 (the “Act") provides that fixed term employees are entitled to a contract of indefinite duration where they have been employed on two or more continuous fixed term contracts with a duration of four or more years, unless there are objective grounds justifying the failure to provide a contract of indefinite duration.

The Act applies to direct employees of an employer. An agency worker is usually an employee of an employment agency, and assigned on a temporary basis to an end-user. The employment relationship is therefore between the

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